Judge won't allow tattoo as evidence

HOUSTON (AP) - A white city official's Confederate flag tattoo will not be allowed as evidence in a race discrimination lawsuit filed by two black city employees, a federal judge ruled.

U.S. District Judge Nancy Atlas decided Monday the tattoo is too controversial a symbol to be introduced to the jury in the trial that began this week. The flag insignia is inked on the arm of Chief Inspector Dan Petrash of the city's Department of Public Works and Engineering.

Two inspectors who worked for Petrash have sued the city, claiming they were passed over for promotions two years ago because of their race.

Both Louella Henderson Jones and Herbert Williams III, contend that Petrash, who had hiring authority, made racist remarks and told other employees he wanted a white man to be hired as senior inspector.

A white employee got the job.

Petrash denied making racial remarks or saying that he didn't want to hire a black employee, according to court documents.

Atlas had been concerned the tattoo would heighten tensions in the wake of recent protests in South Carolina, where the flag flies over the State Capitol.

The judge allowed the flag tattoo to be admitted into evidence in an earlier trial, which ended with a hung jury last week. On Monday, however, Atlas said it was unclear what the Confederate symbol means to Petrash since he had the tattoo applied decades ago when he was 19 years old.

She added there was no proof Petrash was showing the tattoo off at work.

Joe Ahmad, who is representing Jones, declined to comment on the ruling, as did attorneys representing the city.